Oranga Tamariki Act 1989

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

395: Police to be notified of deaths

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If a child or young person dies, you need to tell the police and other people. You must tell a constable as soon as you learn about the death. You also need to tell the principal manager of the department for the area where the child or young person lived.

If the child or young person was living with an iwi social service, a cultural social service, or a child and family support service, that service must tell the police and the principal manager. They must tell the police as soon as they learn about the death and the principal manager within 24 hours. If the child or young person was in the charge of someone because of section 362, that person must also tell the police and the principal manager.

If the child or young person was living in a special residence set up under section 364, the person in charge of that residence must tell the police as soon as they learn about the death.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154544.


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

395Police to be notified of deaths

  1. Where a child or young person to whom this section applies dies, the following provisions shall apply:

  2. where the child or young person was, at the time of their death, in the care or custody or under the guardianship of an iwi social service or a cultural social service or the director of a child and family support service, that social service or, as the case requires, that director shall give notice of the death—
    1. forthwith on learning of it, to a constable:
      1. within 24 hours of learning of it, to the principal manager of the department for the area in which the child or young person was residing at the time of their death:
      2. where the child or young person was, at the time of their death, in the charge of any person or organisation pursuant to section 362, that person or organisation shall give notice of the death—
        1. forthwith on learning of it, to a constable:
          1. within 24 hours of learning of it, to the principal manager of the department for the area in which the child or young person was residing at the time of their death:
          2. where the child or young person was, at the time of their death, residing in a residence established under section 364, the person in charge of that residence shall, on learning of that death, forthwith notify a constable.
            Compare
            • 1974 No 72 ss 69A, 82
            • 1988 No 111 s 46
            Notes
            • Section 395(a): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
            • Section 395(a): amended, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
            • Section 395(a)(i): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 395(a)(ii): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
            • Section 395(a)(ii): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 395(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
            • Section 395(b)(i): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 395(b)(ii): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
            • Section 395(b)(ii): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 395(c): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
            • Section 395(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).