Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

Children and young persons in care of chief executive or other persons or bodies - Limitation on tortious liability

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

You could also call this:

"When adults in charge are responsible for what kids do, and when they're not"

Illustration for Oranga Tamariki Act 1989

If you are in charge of a child or young person, you are not responsible for what they do, unless they are working for you. You are also not responsible if they are doing something they are allowed to do as your employee. This rule applies to the chief executive, employees of the department, and some social services.

If a child or young person is using a car with your permission, you can still be responsible if something goes wrong. The term motor vehicle has the same meaning as in the Land Transport Act 1998. This means that if a child or young person is driving a car and something happens, you might be responsible.

There are some exceptions to this rule, like if the child or young person is working for you and does something wrong while on the job. In that case, you might still be responsible for what they did. You should understand that this rule is about when you are responsible for what a child or young person does, and when you are not.

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 It might be out of date or be missing some parts.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=DLM154539.

Topics:
Family and relationships > Children and parentingTransport and travel > Driving
Previous

393: Recovery of cost of maintenance of children and young persons in care, or

"Getting back the cost of caring for kids in care"

Next

395: Police to be notified of deaths, or

"Tell the police if a child or young person dies"

Part 7Children and young persons in care of chief executive or other persons or bodies
Limitation on tortious liability

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

  1. Subject to subsections (2) and (3), no liability in tort shall attach to—

  2. the chief executive, or any employee of the department; or
    1. any iwi social service or cultural social service or child and family support service, or any member or employee of any such social service or support service; or
      1. any person or organisation in whose charge a child or young person is placed pursuant to section 362, or any member or employee of any such person or organisation,—
          1. in respect of an act or omission on the part of a child or young person to whom this section applies.

        1. Nothing in subsection (1) applies if the act or omission—

        2. occurs while the child or young person is acting as the employee or agent of any person, organisation, social service, or support service referred to in any of paragraphs (a) to (c) of subsection (1), or of any member or employee of any such person, organisation, social service, or support service; and
          1. is within the scope of the child's or young person's employment or authority as such.

            1. Nothing in subsection (1) exempts any person or organisation referred to in paragraph (c) of that subsection from any liability in tort for any loss resulting from the use, care, or control of a motor vehicle, if that motor vehicle is in the possession or under the control of a child or young person with the authority of that person or organisation.

            2. In subsection (3), the term motor vehicle has the same meaning as in the Land Transport Act 1998.

            Notes
            • Section 394: replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
            • Section 394 heading: amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 394(1)(a): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 394(4): amended, on , by section 215(1) of the Land Transport Act 1998 (1998 No 110).