Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

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

399: Revocation of approval

You could also call this:

"When a children's service is not doing a good job, the boss can stop them from getting official approval."

Illustration for Oranga Tamariki Act 1989

The chief executive can stop a social service from getting approval if they think the service is not taking good care of children. You might wonder what happens if the chief executive is not happy with a social service. The chief executive can suspend or stop the approval of the service.

If the chief executive decides to stop the approval, they must tell the social service why and give them notice. The chief executive also has to tell the public about the decision in the Gazette. You can think of the Gazette like a newspaper that publishes official notices.

If a social service gets a notice saying their approval might be stopped, they can make submissions to the chief executive. The chief executive has to consider these submissions before making a final decision. This means the social service has a chance to say why they think their approval should not be stopped.

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 It might be out of date or be missing some parts.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=DLM154561.

Topics:
Family and relationships > Children and parentingHealth and wellbeing > Healthcare services
Previous

398: Chief executive not to decline application without giving applicant opportunity to make submissions, or

"You get to respond before the chief executive says no to your application."

Next

400: Assessment of iwi social services, etc, or

"Checking how well iwi social services care for kids and families"

Part 8Provisions 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

399Revocation of approval

  1. Subject to this section, where the chief executive is satisfied, in relation to any iwi social service or cultural social service or child and family support service, that proper standards of care are not being provided for the children and young persons who are in the custody or under the guardianship of that social service or support service, the chief executive may exercise either or both of the following powers:

  2. if the chief executive considers that suspension of the approval of the iwi social service or cultural social service or child and family support service is desirable in the public interest, the chief executive may suspend the approval of that social service or support service:
    1. after giving the social service or support service not less than 60 days' notice of the date on which the chief executive will consider the matter, the chief executive may revoke the approval of that social service or support service.

      1. Where, under subsection (1), the chief executive revokes or suspends the approval of an iwi social service or a cultural social service or a child and family support service, the chief executive shall—

      2. give notice of the suspension or revocation to the iwi social service or cultural social service or child and family support service and the reasons for it; and
        1. give notice of the suspension or revocation in the Gazette.

          1. Every iwi social service or cultural social service or child and family support service to whom a notice is given under subsection (1)(b) is entitled to make submissions to the chief executive, and the chief executive shall have regard to those submissions before deciding whether or not to revoke the approval of that social service or support service.

          Notes
          • Section 399: replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
          • Section 399(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 399(1)(a): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 399(1)(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 399(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 399(3): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).