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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

401: Powers of persons carrying out assessment of iwi social service, etc

You could also call this:

"What people checking iwi social services can do when visiting to make sure children are safe"

Illustration for Oranga Tamariki Act 1989

When someone is checking an iwi social service or a child and family support service under section 400, they can do certain things. They can enter premises where children live, and inspect the premises at a reasonable time. They can talk to the person in charge of the service, or to staff who work there. They can also talk to the children, or to the people looking after them.

Before entering the premises, you must give the service reasonable notice of your intention to do so. When you enter the premises, you must show proof of your identity and your authority to be there if asked.

The person doing the check can bring other people with them, like a doctor, if it's necessary for the assessment under section 400. They can look at documents and records about the children in the service's care.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154567.

Topics:
Government and voting > Government departmentsFamily and relationships > Children and parentingMāori affairs > Treaty of Waitangi
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400: Assessment of iwi social services, etc, or

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

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402: Convener of iwi social service or cultural social service to have power of decision for purposes of this Act, or

"The person in charge of your iwi social service makes decisions about your care."

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

401Powers of persons carrying out assessment of iwi social service, etc

  1. For the purpose of carrying out an assessment of an iwi social service or a cultural social service or a child and family support service under section 400, the chief executive’s delegate or an officer of the department authorised by the chief executive may—

  2. at any reasonable time enter any premises that are occupied by the social service or support service and that provide residential accommodation for children or young persons who are in the care or custody or under the guardianship of the social service or support service and inspect any part of those premises:
    1. interview—
      1. the convener of the social service or, as the case requires, the director of the support service:
        1. any officer or employee of the social service or support service:
        2. communicate with any person having the care of any child or young person who is in the care or custody or under the guardianship of that social service or support service and with that child or young person:
          1. examine any documents or records that are held by that social service or support service and that relate to any child or young person who is in the care or custody or under the guardianship of the social service or support service.

            1. A person intending to enter any premises must give reasonable notice of their intention to do so to the social service or support service concerned.

            2. The person must on entering any premises, and if requested at any subsequent time, produce—

            3. evidence of that person's authority to enter the premises; and
              1. evidence of that person's identity.

                1. The person who is carrying out an assessment under section 400 may at any time be accompanied by such other person or persons (including a medical practitioner) as may be necessary to carry out the assessment.

                Notes
                • Section 401: replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                • Section 401(1): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                • Section 401(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                • Section 401(2): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                • Section 401(2): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                • Section 401(3): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                • Section 401(4): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                • Section 401(4): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).