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Oranga Tamariki Act 1989

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

390: Power to control finances of young persons under guardianship or in custody

You could also call this:

"People looking after you can control your money while you're in their care."

Illustration for Oranga Tamariki Act 1989

If you are a young person in care, the person looking after you has the power to control your money. They can open a bank account in your name and put your earnings or other income into it. They can also opt into a KiwiSaver scheme in your name, but only if you are under their guardianship and they follow the rules set out in section 35(3) or (5) of the KiwiSaver Act 2006.

The person looking after you can decide how your bank account is operated. You might be able to operate it yourself, or you might have to do it with someone else they choose. They can pay your money into your account, or into your KiwiSaver scheme if you have one.

When you leave their care, they will give you the money in your account. They can also give you the money at any time before you leave if they think it's a good idea. However, if you have a KiwiSaver scheme, the rules are a bit different and they don't apply in the same way, as set out in section 35(6) of the KiwiSaver Act 2006.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154526.

Topics:
Family and relationships > Children and parentingMoney and consumer rights > Banking and loansMoney and consumer rights > Savings and retirement
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Part 7Children and young persons in care of chief executive or other persons or bodies
Financial matters

390Power to control finances of young persons under guardianship or in custody

  1. Every 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) shall have such authority and powers as may be necessary to exercise control over the earnings and other income of any young person (being a young person to whom this section applies) who is in the care or custody, or under the guardianship, of that person, and may for that purpose—

  2. open an account in the name of that young person in any bank, or opt into a KiwiSaver scheme in the name of the young person (but only if the young person is under the person’s guardianship, and only in accordance with section 35(3) or (5) of the KiwiSaver Act 2006):
    1. pay or arrange for the payment or crediting of the whole or any part of the earnings or other income of that young person into that account or into any KiwiSaver scheme (whenever it was opted into) of which the young person is a member.

      1. Any account opened under subsection (1) shall be operated either—

      2. by the young person; or
        1. if the chief executive or, as the case requires, the iwi social service or the cultural social service or the director of the child and family support service so directs, by the young person jointly with a person nominated by the chief executive or, as the case requires, that social service or that director.

          1. All money standing to the credit of a young person in any such account shall be paid to the young person when the young person is discharged from the care, custody, or guardianship of the chief executive or, as the case requires, of the iwi social service or the cultural social service or the director of a child and family support service, and may be paid at any time before the young person is so discharged if the chief executive or, as the case requires, that social service or that director thinks fit.

          2. Subsections (2) and (3) do not apply to, or to money standing to the young person's credit in, a KiwiSaver scheme of which the young person is a member, and do not limit or affect section 35(6) of the KiwiSaver Act 2006 (which authorises specified guardians under this Act to make decisions or take steps in respect of a KiwiSaver scheme membership of a person younger than 16 years).

          Compare
          • 1974 No 72 s 50
          Notes
          • Section 390(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 390(1): amended, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
          • Section 390(1)(a): amended, on , by section 6(3) of the KiwiSaver (Vulnerable Children) Amendment Act 2014 (2014 No 42).
          • Section 390(1)(b): amended, on , by section 6(4) of the KiwiSaver (Vulnerable Children) Amendment Act 2014 (2014 No 42).
          • Section 390(2)(b): replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
          • Section 390(2)(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 390(3): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 390(3): amended, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
          • Section 390(4): inserted, on , by section 6(5) of the KiwiSaver (Vulnerable Children) Amendment Act 2014 (2014 No 42).